Blood evidence allowed in Bremer County vehicular homicide case - KWWL

The Iowa Court of Appeals has ruled that blood samples taken after a 2010 fatal crash in Bremer County will be allowed as evidence.

Attorneys representing Alexander Mark Pothast argued the blood samples taken following the March 2010 crash that killed 18-year-old Josh Young should not be allowed as evidence because the then-17-year-old Pothast had sent a letter to the lab stating that he was withdrawing his consent to have the blood drawn.

A lower court had agreed with the attorneys and disallowed the use of the blood samples.  The Iowa Court of Appeals overturned the lower court ruling on Wednesday, citing a recent Iowa Supreme Court case that said consent was voluntary under similar circumstances. 

Pothast, who is now 20-years old, is charged with homicide by vehicle.  According to court documents, the blood test showed that he had a blood-alcohol level of .151.

The ruling makes way for the case to go to trial.

Pothast was arrested last month for allegedly vandalizing cars in Cedar Falls.  He and 20-year-old Blake Burkle of Waverly are charged with second degree criminal mischief.